About "Volo"

Volo is a Latin word for speed, more rapidly. The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of editors from around the country will summarize new appellate opinions, posted here at the Volo website. The summary includes the full text of the opinion. ABI Members can also subscribe to an RSS feed to receive summaries as soon as they are posted. Opinions will be summarized within 24 hours.

Volo editor: Scott F. Gautier
Peitzman Weg LLP; Los Angeles, CA

Provided by the American Bankruptcy Institute

Frates v. Wells Fargo Bank, N.A. (In re Frates)

Citation: 
Frates v. Wells Fargo Bank, N.A., Case No. NC-13-1366-JuKiD (B.A.P. 9th Cir. 2013) (published)
Ruling: 
The Debtors satisfied procedural due process requirements by serving their motion and notice of motion to avoid the judicial lien of Wells Fargo in accordance with the Federal Rules of Bankruptcy Procedure, and compliance with § 684.010 is not required ...
Judge(s): 
Jury, Kirscher, and Dunn
Read on...

In re Mississippi Valley Livestock, Inc.

Citation: 
No. 13‐1377 (7th Cir., Mar. 12, 2014)
Ruling: 
In case involving $900,000 in allegedly preferential payments relating to cattle sales, the Seventh Circuit found that a bailment existed with regard to the Debtor's possession of the transferee's cattle, and accordingly concurred that a constructive trust could exist in ...
Judge(s): 
Wood, Chief Judge, and Bauer and Kanne
Read on...

Young v. Young (In re Young)

Citation: 
2014 WL 944846
Ruling: 
The 8th Circuit BAP affirmed the Bankruptcy Court's imposition of sanctions pursuant to Rule 9011, but reversed the imposition of sanctions under the Bankruptcy Court's inherent powers, holding that counsel did not have notice and an opportunity to a ...
Judge(s): 
Kressel, Schermer, and Shodeen
Read on...

In re Ruitenberg

Citation: 
In re Ruitenberg, Case No. 13-2175 (3d Cir. March 13, 2014)
Ruling: 
Deciding when an interest in the equitable distribution of marital assets in a divorce proceeding becomes a claim against the bankruptcy estate begins with the Bankruptcy Code's definition of a “claim.” A "claim" is, in relevant part, a “right to ...
Judge(s): 
Ambro, Smith and Sandra Day O'Connor (Retired Supreme Court Associates Justice sitting by designation)
Read on...

Sachan v. Huh (In re Huh)

Citation: 
In Re Huh, 9th Cir B.A.P., CC-12-1633-En Banc (March 11, 2014) [Published]
Ruling: 
In a published opinion, the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court finding that that imputed liability of a principal for the active fraud of an agent would not support an exception to discharge for ...
Judge(s): 
En Banc: Dunn, Pappas, Kirsher, Taylor & Kurtz. Opinion written by Judge Dunn
Read on...
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